According to the New York district prosecutor’s office, the dismissal rate for minor crimes in New York City has increased by 51% since 2020, while the dismissal rate for serious crimes has increased by 57%. In response, New York Governor Kathy Hochul has proposed amending the “discovery law” in this year’s budget to address legal loopholes that allow habitual offenders to exploit the system. Prosecutors from the five boroughs of New York City published a joint article in the Times Union on February 10, expressing support for the proposed amendments by the Governor.
The “discovery law” requires all prosecutors to disclose relevant information to defense attorneys before trial, a process known as “discovery.” Unveiling evidence is the foundation of fair trials, as defendants cannot make plea bargains if they are unsure of the strength of the evidence presented by prosecutors. Since the implementation of the “discovery law” in 2020, several cases involving habitual offenders have been dismissed because district attorney’s offices struggled to organize evidence within a limited timeframe, allowing defense attorneys to exploit legal loopholes and have the cases dismissed.
The five prosecutors who co-authored the article are Alvin Bragg from Manhattan, Darcel D. Clark from the Bronx, Eric Gonzalez from Brooklyn, Melinda Katz from Queens, and Michael E. McMahon from Staten Island.
They highlighted in the article that since 2020, the dismissal rate of criminal cases in New York City has significantly increased, with a 51% rise in minor crimes and a 57% increase in serious crimes. They stated that “thousands of cases have been dismissed for minor technical reasons, leading to delays in case resolution, damaging public trust in the judicial system, and endangering public safety.”
The current “discovery law” has led to unintended consequences such as trial delays, harm to victims, and a significant increase in the dismissal rate. Cases affected by these consequences include domestic violence survivors potentially losing protective orders and facing further abuse risk; immigrant victims of human trafficking being denied U visas, unable to stay safely in the country; and sexual assault survivors having their cases dismissed due to technical issues, hindering the pursuit of justice.
The prosecutors emphasized that these amendments are not intended to revert to the old practice of disclosing evidence on the eve of trial but to improve the law through modifications that benefit all parties, ensuring defendants have access to necessary defense materials while protecting the rights of victims and reducing case delays.
According to the Governor’s office, Governor Hochul announced a series of initiatives aimed at simplifying and improving New York’s “discovery law” on January 31, 2025. These common-sense reforms were outlined by the Governor in the 2025 State of the State address.
In the proposed amendments, Hochul also suggests a series of improvements to the evidence gathering process in New York, aiming to streamline procedures. One provision states that information obtained through subpoenas should not be a necessary requirement for compliance certification, allowing prosecutors to proceed with compliance certification after disclosing all relevant information they actually possess; the notice time requirement for submitting a defendant’s confession to a grand jury is proposed to be reduced from the current 48 hours to 24 hours. These changes are expected to enhance case processing efficiency and better protect sensitive information.